Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-04
THE McWHORTER CASE.
The Defense Introducing Testimony of
Sensational Character.

sensational Character.
Interest in the case of the People against
Milton McWhorter, for manslaughter,
seems to increase as the case progresses.
Yesterday the Courtroom was crowded with
spectators, who listened attentively to the
testimony given by the witnesses, which
was of an unusually interesting, if not SEN
sational, character. In the opening state
ment by counsel for the defense it was
stated that evidence would be introduced to
substantiate the charges made by defendant
in his paper rejecting upon the official in
tegrity and character of the deceased, 7. G.
Robinson, for the taking of whose life the
defendant is on trial. Testimony of that
character was promised for the purpose of
showing, according to the statement of
counsel, that the defendant was not making
idle charges against the deceased in order
to provoke him into quarrel, nor to merely
crafty an alleged malignant prejudice on
the part of the defendant.
On the opening of the Court Yesterday,
Seth Martin was recalled by the defense.
He testified that he once had a converse
ton with Robinson in reference to his call
ing as an anti-hydraulic agent, and urged
upon Robinson that it was a dangerous
business to be engaged in, and the latter
remarked that he always went fixed"
On cross-examination witness said he
mark of Robinson. AS a rule the men en-
gagged as Robinson was were spoken of in
the mining section as "spies."
On redirect examination witness said that
Robinson had never referred in his pres
ence to being in any way physically dis
abled.
Judge l. H. Craddock, of Yuba county,
was next called. Witness said he had
slight acquaintance with Robinson. First
met him to know him two years ago. He
was introduced to him by the defendant,
McWhorter. In the month of August last
year met Robinson at the depot in Sacra-
mento, and had conversation with him
concerning the defendant In the course
of that conversation he asked witness if he
knew where the -- - - Nc
Whorter was. Witness said he did not.
Robinson said he would stamp the life out
of him, and wanted witness to tell him so.
Robinson repeated his threat concerning
McWhorier, adding a filthy expression.
Subsequently witness met McWhorter, and
told him what Robinson had said. About
the Sth of August was at the Golden Eagle
Hotel In Sacramento, and saw Robinson
across the street talking to Mr.. Lowry, of
Marysville. Lowry afterward crossed the
street and related to witness what Robin
son had said to him. Witness went to
Marysville that evening and saw McWhor-
ter and told him of the threats communi-
Gated to witness. He also told McWhorter
that he did not think it safe for him to go
where Robinson was unless prepared to de-
fend himself In that same conversation
McWhorter told witness that he would be
obliged to go to Sacramento on the follow
ing day on important business and desired
witness to go with him. Witness repeated
his warning to McWhorter to avoid Robin
son.
Mr.. johnson asked witness if District
Attorney Forbes had stated, in the pres
ence of witness and McWhorter, that Rob-
inson had been run out of house of i'll
fame during fire.
The prosecution objected, and the de-
Tense argued that, inasmuch as the prose-
cution insisted upon introducing the para
graph from the Marysville Democrat in
which that charge was made against Rob-
inson, the defense should be allowed to
prove it. Now the defense were prepared
to prove that such publications were not
made through malice, as alleged, but were
UdoSo UPON iiC NCly pSSt vi
District Attorney of Yuba county-one of
the prosecutions own witnesses.
Mr.. Johnson proceeded to declare that
the defense was prepared to prove every
charge made in the columns of defendants
paper against Robinson, even to the extent
of being a bribe-taker and a frequenter of
houses of ill-fame
General Hart denied the right of the de-
Tense to attempt to prove fact by state
ments made by parties on the public street,
as hearsay. Robinson's private character
was not properly in question. The de-
PENDANT could not justify the publication,
even were it true. 1t was matter between
Robinson and his wife. and concerned no.
body else.
The Court said that in case of libel the
defendant would CT course be allowed to
prove the fact charged. In this case the
articles were admitted in evidence to show
the state of mind of Robinson in assault
ing the defendant, and the defendant should
be permitted TO show, if possible, that the
charges were not made simply through
malice, unsupported by reliable informa-
ton.
The witness said that the information
contained in the publication referred to
was afforded the defendant under the cir
cumStances named.
On cross-examination witness said he
had no interest in the Marysville Democrat.
He knew little about Robinson, and was
neither friend of his, nor was he preiu-
diced against him. The impression of the
witness was that he had never heard of the
affair concerning the house of ill-fame until
Forbes related it, The cross examination
of witness was long and tedious, but re-
lated to minor matters that would have
little interest to the average reader |
Among other things witness stated, in an
swer to questions, that he had been engaged
as counsel for the plaintiffs in suits against
hydraulic miners, and had never been
counsel for the miners in such litigation
He did not get the impression from the
threats made by Robinson that his desire
was to simply frighten defendant and cause
him TO cease attacking him in the Democrat
On the contrary, witness regarded the
matter as very serious When witness first
communicated Robinson's threats TO Nc
Whorter the latter, as near as witness could
recolleot, remarked that he thought it was
bra9gadocio ON Robinson's part. Witness
tried subsequently to impress upon Nc
Whorter that 1t was very serious matter.
]. B. Hobson, recalled; Witness said he
had been a quartz, drift and hydraulic
miner in Placer county for several years
knew I. G. Robinson, the deceased, for
about eight months prior to his death had
financial transactions with deceased in
May, 1886; agreed to pay him 5000 month
for the privilege of running the hydraulic
mine near Iowa Hill paid him $500 a
month for two months the understanding
was that Robinson was not to inform on
witness met him afterward in Colfax, and
he said he would have to stop this thing
unless more money We're paid. Witness
asked how much would be required, and
Robinson said he would require 10 per
cent. of the output of the mine. He asked
witness what the mine was yielding, and
witness replied, About S25. 900" flor the
season.. Robinson said he knew it was
paying more than that, from the records of
the express company. Witness declined to
pay the 10 per cent, and Robinson threat
ened to have the mine shut down. Suisse
quently the mine was shut down. Robin
couple of thousand dollars a stipulation
might be procured by which the injunction
could be so modified as to permit witness to
operate his drift and quartz mines and
clearing bedrock. Robinson told witness
about the publication in the Marysville
Democrat concerning himself, and Robinson
was very angry. Witness suggested that he
see McWhorter and have an understanding
with him. Robinson declared he would
do nothing of the kind, but would kill
McWhorter, the - on sight
Recess till 100.
AFTERNOON SESSION